• Release Deed, Property in Bangalore, Karnataka

Background: I am currently a NRI residing in USA with OCI status and would like to seek your service relating to the Release Deed
In 1995, my dad wrote a Will, in which he allocated the self-acquired property (Bangalore) ONLY to his 3 sons and nothing to his 4 daughters. My father passed away in 2000. My eldest brother (survived by his wife, son & a daughter) and my mother, both passed away in 2022. The Will was never registered. The Khata is still in my father’s name (not yet transferred to our names). We do not have any legal heir certificate.
My wish is to release my share/rights to 
(a) my surviving brother only OR
(b) equally between my surviving brother and wife of my deceased brother 
1.	How do I accomplish my above wish?
2.	What documentations are required?
3.	Do I need the consent of all my siblings to do the above?
4.	Is my presence in India a must or can this be accomplished through a POA?
5.	Approximately how long could this process take and its associated cost?
6.	Anything else I am not aware of, please inform me?
Thanks in advance for your guidance
Asked 6 days ago in Property Law
Religion: Hindu

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14 Answers

You can execute registered relinquishment deed or any other deed to complete the aboveboard task

Prashant Nayak
Advocate, Mumbai
30725 Answers
154 Consultations

4.1 on 5.0

Apply for mutation of property in nabe of 3 sons on basis of will executed by your father 


2) after mutation is done you can execute gift deed or relinquishment deed for your one third share in property 


3) it should be duly stamped and registered 


4) you can execute POA in favour of family member to execute gifted or relinquishment deed 


Legal fees vary depending upon lawyer engaged by you 

Ajay Sethi
Advocate, Mumbai
92778 Answers
7130 Consultations

5.0 on 5.0

1. Execute a registered Release Deed in the jurisdictional Sub Registrar's Office relinquishing your 1/3rd right in favour of your only surviving brother Or equally between your only surviving brother and wife of your deceased brother.

2.  Release Deed document has to be got ready, alongwith copies of Aadhar Card (if available), PAN Card. Also copies of title deed, Khatha, Latest tax paid receipt are required.

3.   There's no need to obtain consent from your siblings as you are relinquishing your 1/3rd share in your deceased father's property.

4.   You can accomplish the execution of Release Deed through POA. There's no need for your presence in India for this. 

5.   For preparation of the Release Deed, booking time slot and payment of statutory fee would take 3 to 4 working days.  In case you are appointing someone through POA, it may take a week or more. For associated cost , legal fee + statutory fee + incidental expenses at the time of registration in Sub Registrar's Office has to be taken into account. In case you are authorising someone through POA, then the cost would be little higher.  

6.   Statutory payment is fixed, but incidental expenses could vary.


Shashidhar S. Sastry
Advocate, Bangalore
4859 Answers
299 Consultations

5.0 on 5.0

1. You can transfer your share in the property to your surviving brother and to the widow of your deceased brother equally by executing a registered settlement deed on their names.

2. The Will copy, death certificate of your father, khata lying on your father's name, the copies of the identity cards of all the three;

3. To enforce the Will for transferring the khata to your name, you may asked to furnish NOC from your female siblings.

4. You can get it done through a power of attorney agent too, and the POA agent would preferably be a blood relative.

5. The time taken to process and the costs involved cannot be predicted, you can enquire about it locally.


T Kalaiselvan
Advocate, Vellore
82974 Answers
1980 Consultations

5.0 on 5.0

To accomplish your wish of releasing your share or rights in your father’s property in Bangalore, Karnataka, you will need to execute a release deed in favour of your surviving brother or the wife of your deceased brother or both. A release deed is a legal document that transfers your interest or claim in a property to another person without any monetary consideration. A release deed can be executed by any person who has a right or share in a property, either by inheritance, gift, or will.

Some of the documentations required for executing a release deed are:

  • The original title deed of the property
  • The will of your father
  • The death certificates of your father, mother, and deceased brother
  • The identity proofs and address proofs of yourself and the other parties involved
  • The passport size photographs of yourself and the other parties involved
  • The stamp paper of appropriate value as per the Karnataka Stamp Act, 1957
  • The registration fee as per the Karnataka Registration Rules, 1965

You do not need the consent of all your siblings to execute a release deed, as long as you are releasing only your share or rights in the property. However, it is advisable to inform them about your decision and obtain their no objection certificates (NOCs) to avoid any future disputes or challenges to the release deed.

Your presence in India is not a must for executing a release deed. You can accomplish this through a power of attorney (POA) given to a trusted person in India who can act on your behalf. However, you will need to follow certain steps to make a valid POA from abroad. These steps are:

  • Draft a POA document on a plain paper with all the details and terms of the authority given to your agent in India.
  • Sign the POA document and get it attested by a notary public or the Indian consulate or embassy in your country of residence.
  • Send the attested POA document to your agent in India by courier or registered post.
  • Ask your agent to get the POA document stamped/adjudicated and registered in India within three months of receiving it.
  • Ask your agent to use the POA document to execute the release deed on your behalf

The process of executing a release deed through a POA may take around one to two months, depending on various factors such as the availability of documents, the stamp duty and registration charges, the verification process, etc. The approximate cost of executing a release deed through a POA may vary from Rs. 10,000 to Rs. 20,000, depending on the value of the property, the stamp duty and registration fee applicable in Karnataka, the notary and courier charges, etc.

Some other things that you should be aware of are:

  • A release deed is irrevocable and cannot be cancelled once executed.
  • A release deed should be clear and unambiguous and should mention the names, addresses, and relationships of all the parties involved.
  • A release deed should be witnessed by at least two independent witnesses who are not related to any of the parties involved.
  • A release deed should be registered with the sub-registrar’s office within whose jurisdiction the property is situated.
  • A release deed should be executed within 12 years from the date of death of your father or from the date when you became aware of your right or share in the property

Muraleedharan R
Advocate, Trivandrum
183 Answers
2 Consultations

5.0 on 5.0

In the light of WILL property shall devolve to 3 sons and if any Don donot wish to receive then he can release the same through release deed or relinquishment deed in favour of particular brother. 

Siddharth Srivastava
Advocate, Delhi
1147 Answers

5.0 on 5.0

The transfer of khata is not essential if you decide about transferring your share by release deed. 

The 12 years clause for enforcement of Will may not be applicable. 

For your information,  the Will whether registered or unregistered,  is equally valid in law 

T Kalaiselvan
Advocate, Vellore
82974 Answers
1980 Consultations

5.0 on 5.0

It is advisable as per deceased father will to get the khata transfer from deceased father name to sons name 


2) it is not mandatory 


3) will takes effect on death of testator .in your case will was executed in 1995 and father died in 2000 


4) you should have applied for mutation of property on basis of will at the earliest .the fact that it was not done for 23 years creates doubt about genuineness of the will 

Ajay Sethi
Advocate, Mumbai
92778 Answers
7130 Consultations

5.0 on 5.0

1. Khatha transfer is not mandatory prior to executing the Release Deed.

2.  There's no time limit for the WILL to be put to motion. However, a WILL can be challenged upto 12 years from the date of death of the testator. In the instant case, it's already more than 22-23 years.

Shashidhar S. Sastry
Advocate, Bangalore
4859 Answers
299 Consultations

5.0 on 5.0

It’s not mandatory. 12 years is the limitation Period

Prashant Nayak
Advocate, Mumbai
30725 Answers
154 Consultations

4.1 on 5.0

- As per law, the registration of Will is not mandatory , and it can be written on a simple paper in the presence of two witnesses. 

1. You can release your share in the name of brother after registering a Relinquishment deed 

2. Your residential & identity proofs with the death certificate of father

3. Not necessary 

4. You can give POA to any relative in India. The said POA should be notarised as per rule of US , and attested from the consulate of India. 

5. Maximum one week , the cost depend upon the person/lawyer to whom you engaged.

6.  The registration of Relinquishment /Release deed is mandatory . 

Mohammed Shahzad
Advocate, Delhi
12115 Answers
169 Consultations

5.0 on 5.0

After the demise of your eldest brother, there are three stakeholders in this property as per the will left by your father. They are:

1. You

2. The wife, son and daughter of your eldest brother.

3. Your other brother.


You can release your 1/3rd share to whomsoever (either to one person or more) you want by means of a release deed.


A. Get a release deed drafted and execute the same and get it registered in the SRO Office.

B. The will of your brother and the initial conveyance deed which is in his(your father's) name

C. No.

4. can be done through your PoA.

5. A week to 15 days in India.

6. To appoint your PoA in India, you will have to do some formalities at the Embassy level.









Vibhanshu Srivastava
Advocate, Lucknow
9524 Answers
290 Consultations

5.0 on 5.0

Execute release deed. You have 1/3rd share in the property. Registration of WILL not necessary neither required consent of other legal heirs.

POA sufficient.

Khata transfer can be done later.

Yogendra Singh Rajawat
Advocate, Jaipur
22283 Answers
31 Consultations

4.4 on 5.0

Dear client
Accomplishing Your Wish:
To release your share/rights, you can execute a Release Deed in favor of your surviving brother or equally between your surviving brother and the wife of your deceased brother.

Required Documentations:
You will need the following documents:

The unregistered Will of your father.
A Release Deed, which needs to be drafted by a lawyer.
Proof of identity and address.
Death certificates of your father, eldest brother, and mother.
Legal heir certificates for all legal heirs.
Consent of Siblings:
Ideally, it's best to have the consent of all your siblings to avoid potential disputes. However, you may still be able to execute the Release Deed without their consent, especially if you can demonstrate that your father's Will specifically allocated the property to the three sons.

Presence in India or Power of Attorney (POA):
You can accomplish this through a Power of Attorney (POA) if you appoint a trusted representative in India to act on your behalf. The POA should be executed in the USA and then attested at the Indian consulate. Your physical presence in India may not be necessary.

Timeframe and Cost:
The time and cost can vary depending on the complexity of your case, local legal requirements, and the efficiency of the legal process. It's best to consult with an attorney to get a more accurate estimate.

Other Considerations:

Transferring the Khata: It is advisable to transfer the Khata from your father's name to your names before executing the Release Deed, as this will establish your ownership.
Unregistered Will: While an unregistered Will is valid, it may face additional scrutiny. You may need to prove its authenticity in court.
Regarding the "12 years from the date of death" clause, the limitation period for challenging a Will may vary by jurisdiction and the specific circumstances of the case. Consult with your attorney to understand how this may apply to your situation.

Anik Miu
Advocate, Bangalore
7720 Answers
88 Consultations

5.0 on 5.0

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